Restrictive Covenants By The Transferee In Michigan
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FAQ
Sign and date the quitclaim deed in a notary's presence, then file it with the county Register of Deeds Office in the property's county, not the county where you live. Once the deed is filed and recorded, the transfer is deemed legal.
The board of directors of a Michigan homeowners association has a duty to enforce the various regulations contained in the restrictive covenants, declaration or deed restrictions as written, subject to limited exceptions.
And in Michigan, such covenants will generally be enforceable, provided that they are reasonable. Restrictive covenants are typically analyzed under the Michigan Antitrust Reform Act (“MARA”).
In order to enforce a restrictive covenant, an employer must demonstrate that the clause protects one of its legitimate business interests. Secondly, the employer must show that the clause is reasonable, and it only goes so far as is necessary protect a legitimate business interest of the employer.
(1) A property owner may record in the records of the register of deeds for the county where the property is located a discharge form to remove any prohibited restriction. (2) A discharge form recorded under this section may be executed solely by the property owner. History: 2022, Act 234, Imd.
You'll need to get consent, either from the governing body that set them — your city or HOA, for example — or from the other parties involved in the restriction, like neighbors. Removing them may involve filing paperwork with the county clerk or even presenting it to a judge.
A Michigan covenant deed transfers property title to another person with the warranty that the the seller is titleholder and has not encumbered the title during their ownership.
With a warranty deed, the grantor is warranting title against all prior claims - even claims that arose prior to the grantor acquiring title to the property. With a covenant deed (or "deed C") the grantor's warranty is limited to claims arising from the actions of the grantor.
A covenant deed is a document used by a grantor to transfer a property to a grantee. However, unlike other types of Michigan deeds, a covenant deed provides limited protection to the grantee, entailing that grantors are liable for any problems in the property only within the period of their ownership.
